ARTICLE VIII: JUDICIAL DEPARTMENT

Sec. 1: The judicial power shall be vested in one Supreme Court and in such lower courts as may be established by law.

Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are
legally demandable and enforceable, and to determine whether or not there has been a grave abuse of
discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the
Government.

Judicial Power
- Definition
o The measure of the allowable scope of judicial action
 Courts are given judicial power
o The right to determine actual controversies arising between adverse litigants
 Duly instituted in courts of proper jurisdiction
o The authority to settle justiciable controversies or disputes involving rights that are enforceable and
demandable before courts of justice
 Or the redress of wrongs for violation of such rights
- Intrinsic limit on judicial power
o General Rule
 Judicial power can’t be exercised to address moot questions
 Moot case
o One that ceases to present a justiciable controversy by virtue of supervening
events, so that a declaration thereon would be of no practical use/value
o Courts decline jurisdiction over such cases or dismisses them on the ground of
mootness
 When are cases not moot/academic:
o There is a grave violation of the constitution
o Exceptional character of the situation and the paramount public interest is
involved
o Constitutional issue raised requires formulation of controlling principles to guide
the bench, bar, and the public
o The case is capable of repetition yet evading review
o Courts can’t attempt to assume or be compelled to perform non-judiciary functions
 Manila Electric Co v. Pasay Transportation Co.
 Executive or Legislature has no inherent power to charge the judiciary with admin
functions except when reasonably incidental to the fulfillment of judicial duties
Grave Abuse of Discretion

- Definition
o “…and to determine whether or not there has been a grave abuse of discretion amounting to lack or
excess of jurisdiction on the part of any branch or instrumentality of the Government.”
o Capricious and whimsical exercise of judgement as is equivalent to lack of jurisdiction
 Sinon v. CSC
- There is grave abuse of discretion when:
o When an act done is contrary to the Constitution, the law, or jurisprudence
o When it is executed whimsically, capriciously, or arbitrarily out of malice, ill will, or personal bias
 May be exercised in a despotic manner

Advisory Opinions

- Courts generally don’t give advisory opinions

o Function of courts is to determine controversies
- Recommendatory power
o Limited to those expressly provided in law
 E.g. §5 RPC

Declaratory Relief

- Definition
o §1 Rule 64 Revised Rules of Court
 An action by any person interested under a deed, will, contract, or other written instrument, or
whose rights are affected by a statute, ordinance, executive order, or regulation to determine any
question of construction or validity arising under the instrument, executive order or regulation or
statute and for a determination of his rights or duties thereunder.

o SC doesn’t entertain original petitions for declaratory relief

- Requisites
o There must be a justiciable controversy
o Controversy must be between persons whose interests are adverse
o Party seeking declaratory relief must have a legal interest in the controversy
o Issue involved must be ripe for judicial determination
Sec. 2: The Congress shall have the power to de6ne, prescribe, and apportion the jurisdiction of various courts but may
not deprive the Supreme Court of its jurisdiction over cases enumerated in Section 5 hereof.

No law shall be passed reorganizing the Judiciary when it undermines the security of tenure of its Members.

Sec. 3: The Judiciary shall enjoy fiscal autonomy. Appropriations for the Judiciary may not be reduced by the legislature
below the amount appropriated for the previous year and, after approval, shall be automatically and regularly
released.

Role of Legislature

- Exercise of judicial power requires prior legislative action

o Defining enforceable and demandable rights and their remedies
o Determining the court with jurisdiction to hear and decide controversies/disputes arising from legal rights
- Judicial power
o The application of law to actual controversies
 Presupposes existence of an applicable law
- In relation to Secs. 1 and 2:
o Vest judicial power in courts
o Create courts
 Done by Congress
 Congress may also abolish courts
 Limited by paragraph 2
o Define, prescribe, and apportion jurisdiction
 Done by Congress
- Limitation
o Congress cannot reduce SC’s jurisdiction
o Congress can’t create a court equal in authority or superior to SC
 1 SC
 The rest are lower courts

Fiscal Autonomy (Sec. 3)

- Judiciary independence
o As co-equal branch of government
o Congress can’t reduce the appropriations for Judiciary
 Below the amount appropriated for the previous year
- Exception
o Judiciary is not exempt from budgetary process of submitting and justifying its budget
Sec. 4: (1) The Supreme Court shall be composed of a Chief Justice and fourteen Associate Justices. It may sit en banc or
in its discretion, in divisions of three, five, or seven Members. Any vacancy shall be filled within ninety days from
the occurrence thereof.

(2) All cases involving the constitutionality of a treaty, international or executive agreement, or law, which shall
be heard by the Supreme Court en banc, and all other cases which under the Rules of Court are required to be
heard en banc, including those involving the constitutionality, application, or operation of presidential decrees,
proclamations, orders, instructions, ordinances, and other regulations, shall be decided with the concurrence of
a majority of the Members who actually took part in the deliberations on the issues in the case and voted thereon.

(3) Cases or matters heard by a division shall be decided or resolved with the concurrence of a majority of the
Members who actually took part in the deliberations on the issues in the case and voted thereon, and in no case,
without the concurrence of at least three of such Members. When the required number is not obtained, the case
shall be decided en banc: Provided, that no doctrine or principle of law laid down by the court in a decision
rendered en banc or in division may be modi6ed or reversed except by the court sitting en banc.

Composition and Sessions

- Composition of SC
o 15 Justices
 1 Chief Justice
 14 Associate Justices
- Vacancy
o Filled within 90 days
 After vacancy occurs
- SC’s operation
o May operate, in its discretion, in:
 Sitting En Banc
 In Divisions of:
 3, 5, or 7 members at a time
o Supposedly reflects the relative importance of cases
o Exception:
 Some cases require SC to sit en banc or by division
 Provided by Rules of Court
 En Banc cases:
o Constitutionality of a treaty, international or executive agreement, or law
o Constitutionality of application or operation of:
 PDs
 Proclamations
 Orders
 Instructions
 Ordinances
 Other regulations
o Cases heard by a division in which majority isn’t obtained
o Where SC modifies/reverses a doctrine or principle of law laid down either en
banc or in division
o Admin cases where involving the dismissal or discipline of a judge of a lower court
o Election contests for Pres. or VP
- Divisions
o Decisions of a division are not inferior to an en banc decision
o Decisions are not appealable to SC en banc
 Except when the required votes aren’t obtained in the division, en banc will decide
Sec. 5: The Supreme Court shall have the following powers:

(1) Exercise original jurisdiction over cases affecting ambassadors, other public ministers and consuls, and over
petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus.
(2) Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the Rules of Court may provide,
final judgments and orders of lower courts in:
a. All cases in which the constitutionality or validity of any treaty, international or executive agreement,
law, presidential decree, proclamation, order, instruction, ordinance, or regulation is in question.
b. All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in
relation thereto.
c. All cases in which the jurisdiction of any lower court is in issue.
d. All criminal cases in which the penalty imposed is reclusion perpetua or higher.
e. All cases in which only an error or question of law is involved.
(3) Assign temporarily judges of lower courts to other stations as public interest may require. Such temporary
assignment shall not exceed six months without the consent of the judge concerned.
(4) Order a change of venue or place of trial to avoid a miscarriage of justice.
(5) Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and
procedure in all courts, the admission to the practice of law, the Integrated Bar, and legal assistance to the
underprivileged. Such rules shall provide a simplified and inexpensive procedure for the speedy disposition of
cases, shall be uniform for all courts of the same grade, and shall not diminish, increase, or modify substantive
rights. Rules of procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved
by the Supreme Court.
(6) Appoint all officials and employees of the Judiciary in accordance with the Civil Service Law.

Powers of the Supreme Court

- Classified into:
o The irreducible jurisdiction of SC
 Original jurisdiction over:
 Cases affecting diplomatic representatives
 Petitions for:
o Certiorari
o Prohibition
o Mandamus
o Quo warranto
o Habeas corpus
 Appellate jurisdiction over:
 The enumerated cases under Paragraph 2
o Auxiliary admin powers
 As enumerated in Paragraphs 3-6
 Assign temporary judges of lower courts
 Order a change of venue/place of trial
 Promulgate rules
 Appoint officials/employees of the Judiciary
Judicial Review

- Definition
o Power expressly conferred by the Constitution
 Based on the American’s system of judicial review
 Marbury v. Madison
o Where judicial review is impliedly given, this power is expressly conferred to by
the Philippine Constitution
o SC’s power to declare a treaty, international or executive agreement, law, presidential decree,
proclamation, order, instruction, ordinance, or regulation unconstitutional
 And to declare their application unconstitutional
 Even if the legal basis for the action itself is constitutional
o Power to:
 Review, reverse, modify, revise, or affirm or appeal or certiorari final judgments and orders of
lowers courts
- Requisites
o There must be an actual case/controversy
 SC can’t pass on issues of constitutionality via advisory opinions
o The case must be ripe for adjudication
 When the governmental act being challenged has had a direct adverse effect on the individual
challenging it
 Procedural rule
 Not a hard and fast rule
 Tolerates exception
o E.g. when the lack of clarity of the law creates confusion
o Petitioner must have legal standing
 Locus standi
 Aspect of the actual case/controversy requisite
 Liberally construed by SC
 Prerequisites:
 Petitioner must’ve suffered injury which can be legal, economic, or environmental
 Injury must be traceable to the governmental act challenged
 Injury must be redressable by the remedy sought by petitioner
 Standing of legislators, taxpayer, and citizens
 Legislator
o When legislative power is impaired
 Taxpayer
o Sufficient interest in preventing illegal expenditure of money raised by taxes
o Petitioner will sustain direct injury as a result of enforcement of the challenged
statute
 o The question of constitutionality must be raised at the earliest opportunity
 General Rule
 Must be raised at the first opportunity
o Not in pleading
o Not in appeal
 Exception
 At court’s discretion
o Time determined when a question affecting a statute’s validity should be
presented is discretionary
 So as not to be barred by laches
o The issue of constitutionality must be the very lis mota of the case
 “litigation moved”
 Issue of validity must be expressly raised by petitioner
 Issue of validity must be unavoidable
 Courts are inclined to uphold laws, not strike them down

Political Questions

- Definition
o Questions, under the Const., decided by the people in their sovereign capacity
 Or in regard to which discretionary authority has been delegated to the legislative or executive
branch
o Limits judicial review
- Kinds (Baker v. Carr)
o Textual political question
 Question is found in a textually demonstrable commitment of the issue to a political department
o Functional political question
 Lack of judicially discoverable and manageable standards for resolving it
 Or the impossibility of deciding without an initial policy determination of a kind clearly for non-
judicial discretion
o Prudential political question
 The impossibility of a court’s undertaking independent resolution without expressing lack of the
respect due coordinate branches of government
 Or an unusual need for unquestioning adherence to a political decision already, made; or the
potentiality of embarrassment from multifarious pronouncements by various departments on
one question

Effect of Declaration of Unconstitutionality

- The unconstitutional law is:

o Not a law
o Confers no rights
o Imposes no duties
o Affords no protection
Judicial Review by Inferior Courts

- Lower courts possess judicial power

o Thus, possessing the power of judicial review
- Exercise by lower court distinct from SC
o SC’s declaration of unconstitutionality
 Constitutes binding precedent on all
o Lower Court
 Binds only the parties of the case

Modalities of Constitutional Interpretations

- 6 Approaches
o Historical Approach
 Legislative intent
 Intention of the framers
 Circumstances in which the provision was made
o Textual Approach
 Plain meaning
 Literal
o Structural Approach
 Drawing inferences from the architecture of the 3 cornered power relationships
 i.e. separation of powers
o Doctrinal Approach
 Stare Decisis
 Reliance on precedence
o Ethical Approach
 Interpretation based on Filipino moral commitments
 Preamble:
o “ideals and aspirations”
o Prudential Approach
 Weighing and comparing the costs and benefits that may be found in conflicting rules

- Approaches:
o May be used in combination
o Neither is superior to the other

Temporary Assignment of Judges

- Rule
o SC alone can temporarily transfer judges
o Transfer lasts for not longer than 6 months
 Without the consent of the judge

Change of Venue

- SC has the inherent power to change the place of venue of the trial
o To prevent miscarriage of justice
Rules Concerning Protection and Enforcement of Constitutional Rights, Pleading, Practice, and Procedure, and
Admission to the Bar.

- SC may:
o Promulgate rules concerning the protection and enforcement of constitutional rights
 Auxiliary admin power
 Includes power to suspend its own rules in particular cases for the sake of justice
 Basis for Writ of Amparo
o Remedy for those whose right to life, liberty, and security is violated or
threatened with violation by an unlawful act or omission of a public
official/employee, or of a private individual, or entity
 Covers extralegal killings and enforced disappearances
o Promulgate rules concerning pleading, practice and procedure and admission to the practice of law
 Authority to integrate the Bar
 Including admission to the Bar
 Authority to have admin supervision over courts
 Authority to discipline judges of lower courts

- Limitations/Guidelines
o Rules must provide a simplified and inexpensive procedure for the speedy disposition of cases
o Rules must be uniform for all courts of the same grade
o Rules must not diminish, increase, or modify substantive rights

Congress and the Rules of Court

- Rules may be:

o Repealed, altered, or supplemented by the legislature only
 With the advice and concurrence of SC
o Expropriation
 Substantive aspect is subject to legislation
Sec. 6: The Supreme Court shall have administrative supervision over all courts and the personnel thereof.

Sec. 7: (1) No person shall be appointed Member of the Supreme Court or any lower collegiate court unless he is a natural-
born citizen of the Philippines. A Member of the Supreme Court must be at least forty years of age, and must have
been for fifteen years or more a judge of a lower court or engaged in the practice of law in the Philippines.

(2) The Congress shall prescribe the qualifications of judges of lower courts, but no person may be appointed judge
thereof unless he is a citizen of the Philippines and a member of the Philippine Bar.

(3) A Member of the Judiciary must be a person of proven competence, integrity, probity, and independence.

Administrative Supervision of Inferior Courts (Sec 6)

- According to Sec. 11
o Power of admin supervision includes the power to
 Discipline judges or order their dismissal
- Maceda v. Vasquez
o Ombudsman may not investigate a judge independently of any admin action of the SC
 Contrary to the SC’s admin supervision powers
- Judge Caoibes v. Ombudsman
o The Ombudsman can’t dictate to, and bind the SC, to its findings that a case before it does or does not
have administrative implications
 To do so would deprive SC of its admin supervision powers

Qualifications of Judiciary Members (Sec 7)

- SC qualifications
o SC members must be:
 Natural-born citizen
 At least 40 years old
 Must’ve been a judge of a lower court for at least 15 years
 Or engaged in the practice of law
 Of proven competence, integrity, probity, and independence

o Qualifications for SC can’t be altered by Congress

- Qualifications for lower courts

o Natural-born citizen
o Member of the Phil. Bar
o Of proven competence, integrity, probity, and independence
o Other qualifications prescribed by Congress
Sec. 8: (1) A Judicial and Bar Council is hereby created under the supervision of the Supreme Court composed of the Chief
Justice as ex officio Chairman, the Secretary of Justice, and a representative of the Congress as ex officio Members,
a representative of the Integrated Bar, a professor of law, a retired Member of the Supreme Court, and a
representative of the private sector.

(2) The regular Members of the Council shall be appointed by the President for a term of four years with the
consent of the Commission on Appointments. Of the Members first appointed, the representative of the
Integrated Bar shall serve for four years, the professor of law for three years, the retired Justice for two years, and
the representative of the private sector for one year.

(3) The Clerk of the Supreme Court shall be the Secretary ex officio of the Council and shall keep a record of its
proceedings.

(4) The regular Members of the Council shall receive such emoluments as may be determined by the Supreme
Court. The Supreme Court shall provide in its annual budget the appropriations for the Council.

(5) The Council shall have the principal function of recommending appointees to the Judiciary. It may exercise
such other functions and duties as the Supreme Court may assign to it.

The Judicial and Bar Council (JBC)

- JBC as a constitutional commission

o Function
 To recommend to the Pres. appointees to the Judiciary
 Appointees don’t need confirmation from Commission on Appointments
- Composition
o Ex officio Chairman
 Chief Justice
o Ex officio members
 Secretary of Justice
 A representative of Congress
 Either a House Rep. or a Senator
o Regular members
 Representative of the Integrated Bar
 Representative of the Private Sector
 A professor of law
 A retired member of the SC
- Appointment of regular members
o Appointed by the Pres. with consent of Commission on Appointments
o Members serve for 4 years
 Staggering of appointments
 Rep. integrated bar – 4 years
 Professor of law – 3 years
 Retired Justice – 2 years
 Rep. Private Sector – 1 year
Sec. 9: The Members of the Supreme Court and judges of lower courts shall be appointed by the President from
a list of at least three nominees prepared by the Judicial and Bar Council for every vacancy. Such
appointments need no confirmation.

For the lower courts, the President shall issue the appointments within ninety days from the submission
of the list.

Sec. 10: The salary of the Chief Justice and of the Associate Justices of the Supreme Court, and of judges of lower
courts shall be fixed by law. During their continuance in office, their salary shall not be decreased.

Sec. 11: The Members of the Supreme Court and judges of lower courts shall hold office during good behavior
until they reached the age of seventy years or become incapacitated to discharge the duties of their office.
The Supreme Court en banc shall have the power to discipline judges of lower courts, or order their
dismissal by a vote of a majority of the Members who actually took part in the deliberations on the issues
in the case and voted thereon.

Appointment of Justices and Judges (Sec. 9)

- Process
o JBC forms a list of nominees for the Pres. to choose as appointees as Justices or judges
 Every position must have at least 3 nominees
o Pres. may not appoint anybody who isn’t on the list of nominees
 If the Pres. isn’t satisfied with the nominees
 He can ask for another list
o Appointments made needs no confirmation
 For lower courts
 Pres. has 90 days from submission of the list of nominees to make an appointment
- Temporary members
o Or temporary appointments
o Not allowed

Diminution of Salary (Sec. 10)

- Any reduction to the salary of Justices or judges are prohibited

o Also prohibits taxation of salaries
o Purpose
 To protect Judiciary independence

Security of Tenure in the Judiciary (Sec. 11)

- SC members and judges of lower courts shall hold office

o During good behavior
o Until they reach 70 years old
o Or become incapacitated to discharge the duties of their office
- SC members may only be removed by
o Impeachment for
 Failing to satisfy good behavior
 If guilty of offenses comprising of constitutional grounds for impeachment
o §2, Art 11
- Removal of lower court judges
o Determined by SC only en banc
 For failing to satisfy good behavior
- Discipline of Judiciary members
o Determined by SC en banc
o Penalties
 Dismissal of a judge
 Disbarment of a lawyer
 Suspension for more than 1 year
 Or a fine exceeding Php.10,000
- Incapacity
o Not defined by Constitution
 Doesn’t specify who decides
o Power to determine capacity
 Falls within the admin power of SC
Sec. 12: The Members of the Supreme Court and of other courts established by law shall not be designated to any
agency performing quasi-judicial or administrative functions.

Sec. 13: The conclusions of the Supreme Court in any case submitted to it for decision en banc or in division shall
be reached in consultation before the case is assigned to a Member for the writing of the opinion of the
Court. A certification to this effect signed by the Chief Justice shall be issued and a copy thereof attached
to the record of the case and served upon the parties. Any Member who took no part, or dissented, or
abstained from a decision or resolution must state the reason therefor. The same requirements shall be
observed by all lower collegiate courts.

Sec. 14: No decision shall be rendered by any court without expressing therein clearly and distinctly the facts and
the law on which it is based.

Non-judicial Assignments (Sec. 12)

- Prohibition
o SC members and other courts can’t be designated to any agency
 To perform non-judicial assignments
 Quasi-judicial
 Administrative
o To respect separation of powers

Process of Decision Making (Sec. 13)

- Certification
o Attached to the decision of SC
o Signed and issued by Chief Justice
 A copy is served to the parties involved
 With a record of the case
o Members who took no part, dissented, or abstained
 Must state their reason
o Certification rule is observed by all lower courts
- Absence of certification
o Does not invalidate the decision
o Serves as evidence of failure to observe the certification requirement
 The official is held responsible for such failure

Contents of Court Decisions (Sec. 14)

- Decision
o The final determination made by a court
 Based on the substantive issues brought for resolution
 Based on the facts expressed
o Occurs after a case is given due course
 And after the filing of Briefs or Memoranda and all other pleadings

- Petitions for Review and Motions for Reconsideration

o Does not require a statement of facts and reasoning with the applicable law
o Merely a statement of the legal basis for denying due course
Sec. 15: (1) All cases or matters filed after the effectivity of this Constitution must be decided or resolved within
twenty-four months from date of submission for the Supreme Court, and, unless reduced by the Supreme
Court, twelve months for all lower collegiate courts, and three months for all other lower courts.

(2) A case or matter shall be deemed submitted for decision or resolution upon the filing of the last
pending, brief, or memorandum required by the Rules of Court or by the court itself.

(3) Upon the expiration of the corresponding period, a certification to this effect signed by the Chief Justice
or the presiding judge shall forthwith be issued and a copy thereof attached to the record of the case or
matter, and served upon the parties. The certification shall state why a decision or resolution has not been
rendered or issued within said period.

(4) Despite the expiration of the applicable mandatory period, the court, without prejudice to such
responsibility as may have been incurred in consequence thereof, shall decide or resolve the case or
matter submitted thereto for determination, without further delay.

Sec. 16: The Supreme Court shall, within thirty days from the opening of each regular session of the Congress,
submit to the President and the Congress an annual report on the operations and activities of the
Judiciary.

Period for Making Decisions

- Rule for deciding from the date of submission

o Supreme Court - 24 months
 Unless reduced by SC
o Lower courts - 12 months
o Other courts - 3 months
 Sandiganbayan

- Date of submission
o Upon filing of the last pleading, brief, or memorandum
 Required by Rules of Court or the court itself
- Failure to comply
o Actions
 The SC justice may be subjected to impeachment
 For culpable violation of the Constitution
 Lower court justice/judge
 May be subjected to disciplinary action
o Determination of compliance
 Requires certification from the Chief Justice or presiding judge
 Certification is attached to the record of the case
 Served upon the parties
 With an explanation for the failure; if present
o Failure to decide a case within the reglementary period
 Doesn’t decide the case at all
 o Code of Judicial Conduct
 Requires judges to decide cases and matters pending within the period fixed by law
 Failure to do so
 Gross inefficiency which warrant administrative sanctions
 Judges may extend deadline with a reasonable request
 E.g. heavy case load or poor health
- Applicability
o Sec. 15 only applies after the effectivity of the Constitution
 Feb. 2, 1987

Report to the President and to Congress (Sec. 16)

- Purpose of the provision

o To enable the Judiciary to inform the government about its needs
- SC must
o Submit an annual report on the Judiciary’s operations and activities
 Within 30 days from the opening of each regular session of Congress
 To be submitted to the Pres. and Congress